Terms and Conditions
This Agreement is made between LANDMARC FILMS a division of Landmarc Leisure Corporation Limited (LLCL) and you as a site visitor and /or Member (“You”). This Agreement set forth the legally binding terms of your use of the www.landmarcfilms.com website at its services located at URL www.landmarcfilms.com. By using and/or visiting this website (“www.landmarcfilms.com”), (collectively, including all content available through the www.landmarcfilms.com domain name, the “www.landmarcfilms.com Website”, or “Website”,) you signify your assent to both these terms and conditions (“Terms of Use”) and the terms and conditions of www.landmarcfilms.com’s Privacy Policy, which are published, and which are incorporated herein for reference. In addition, when using particular services provided by us such as viewing any clips, or participating in any contests, you shall be subject to any additional guidelines or rules applicable to such services. Kindly print these terms of use or save a copy of these terms of service for your records. If you do not agree to any of these terms, then please do not use the www.landmarcfilms.com website.
1. THE PROVISIONS GOVERNING YOUR USE OF THE www.landmarcfilms.com WEBSITE. www.landmarcfilms.com is the official site of LANDMARC FILMS having its principal place of business at LANDMARC FILMS, 303 Raaj Chambers, 115 R.K. Paramhans Marg [Old Nagardas Road], Near Andheri Station Subway, Andheri [East] Mumbai -400 069, Maharashtra, India.
2. The www.landmarcfilms.com website is hosted in India and is subject to the laws governing the Republic of India. You are only authorized to use the www.landmarcfilms.com website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the privacy policy referred to in Clause 1 above . We reserve the right at any time to: change the terms of this Agreement; change the Services, including eliminating or modifying any content on or feature of the Site; or change/charge any fees or charges for use of the Services. Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version. You will always be able to tell when the version was last updated by checking the “Last Revised” date in the header of this Agreement.
Please note that these Terms of Use apply to all Users of the www.landmarcfilms.com website, including Users who are also contributors of video content, information, and other materials or services on the www.landmarcfilms.com website. The www.landmarcfilms.com website may contain links to third party websites that are not owned or controlled by www.landmarcfilms.com. www.landmarcfilms.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, www.landmarcfilms.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve www.landmarcfilms.com from any and all liability arising from your use of this Website and any third-party website as aforesaid. Accordingly, we encourage you to be aware when you move out of the www.landmarcfilms.com website and to read the terms and conditions and privacy policy of each other website that you visit.
a. You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) that you post on the www.landmarcfilms.com website, and any material or information that you transmit to other Members and for your interactions with other Users. www.landmarcfilms.com does not endorse and has no control over the Content. Content is not necessarily reviewed by www.landmarcfilms.com prior to posting and does not necessarily reflect the opinions or policies of www.landmarcfilms.com. www.landmarcfilms.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
b. www.landmarcfilms.com hereby grants you permission to use the Website as set forth in these terms of use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without www.landmarcfilms.com’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
c. In order to access some features of the Website, you will have to create an account. You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify www.landmarcfilms.com immediately of any breach of security or unauthorized use of your account. Although www.landmarcfilms.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of www.landmarcfilms.com or others due to such unauthorized use. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Site or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
d. KINDLY NOTE THAT www.landmarcfilms.com PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the www.landmarcfilms.com Website and that you provide to other Users. Your www.landmarcfilms.com profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 http://www.naavi.org/importantlaws/itbill2000/ch11.html and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and www.landmarcfilms.com assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by www.landmarcfilms.com by any person, please contact us at info@landmarcfilms.com
e. www.landmarcfilms.com reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the www.landmarcfilms.com Website at any time, for any or no reason, with or without prior notice, and without liability. www.landmarcfilms.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the www.landmarcfilms.com Website if www.landmarcfilms.com determines, in its sole discretion, that you pose a threat to www.landmarcfilms.com and/or its Users.
f. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the www.landmarcfilms.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, www.landmarcfilms.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. www.landmarcfilms.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (defined below).
g. BELOW 16: The Site is NOT directed to or intended for people under the age of Sixteen (16). Users less than Sixteen (16) years of age may not register to use the Site. www.landmarcfilms.com does not knowingly collect any personal information from users under the age of Sixteen (16). If you are a parent of a child under the age of Sixteen (16) and you have questions about our Site or Privacy Policy, please feel free to contact the www.landmarcfilms.com Privacy Coordinator at info@landmarcfilms.com. Those between the age of Sixteen (16) and Eighteen (18) are to provide either of their parents Email ID and an Email will be send informing that their ward has registered himself/herself to use the www.landmarcfilms.com services. Parent of such wards will be legally bound by any acts/deeds/Violation of www.landmarcfilms.com Terms of Use & Privacy Policy by their wards. www.landmarcfilms.com may terminate your membership at any time, without warning. Even after membership is terminated, these Terms of Use will remain in effect and continue to bind you accordingly.
h. You acknowledge that www.landmarcfilms.com reserves the right to charge for the services on the www.landmarcfilms.com Website and to change its fees from time to time at its discretion. If www.landmarcfilms.com terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees.
i. The www.landmarcfilms.com website including the services provided on the Website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by www.landmarcfilms.com. Illegal and/or unauthorized use of the www.landmarcfilms.com website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the www.landmarcfilms.com website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the www.landmarcfilms.com services.
3. INTELLECTUAL PROPERTY RIGHTS
The content on the www.landmarcfilms.com website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to www.landmarcfilms.com, subject to copyright and other intellectual property rights under Indian laws and conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and www.landmarcfilms.com. www.landmarcfilms.com reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the www.landmarcfilms.com website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the www.landmarcfilms.com website or the Content therein.
4. IMPORTANT USAGE CONDITIONS AND RELATED PROVISIONS
a. The www.landmarcfilms.com website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, www.landmarcfilms.com does not guarantee any confidentiality with respect to any submissions.
b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
i. you own or have the necessary licenses, rights, consents, and permissions to use and authorize www.landmarcfilms.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use; and
ii. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use.
For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to www.landmarcfilms.com, you hereby grant www.landmarcfilms.com a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the www.landmarcfilms.com website and www.landmarcfilms.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the www.landmarcfilms.com website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the www.landmarcfilms.com website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these terms of use.
c. In connection with User Submissions, you further agree that you will not:
i. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant www.landmarcfilms.com all of the license rights granted herein;
ii. publish falsehoods or misrepresentations that could damage www.landmarcfilms.com or any third party;
iii. submit material that is unlawful, obscene, defamatory, libelous, scandalous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
iv. post advertisements or solicitations of business:
v. impersonate another user. www.landmarcfilms.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and www.landmarcfilms.com expressly disclaims any and all liability in connection with User Submissions. www.landmarcfilms.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and www.landmarcfilms.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. www.landmarcfilms.com reserves the right to remove Content and User Submissions without prior notice. www.landmarcfilms.com will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer (except in the case of pornographic content) is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
vi. www.landmarcfilms.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, scandalous or defamatory material, of excessive length. www.landmarcfilms.com may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
d. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification of the same to info@landmarcfilms.com with the following information in writing:
i. A physical or electronic signature of a user authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
e. A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
f. www.landmarcfilms.com permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, www.landmarcfilms.com provides an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the www.landmarcfilms.com Website, provided that you include a prominent link back to the www.landmarcfilms.com Website on the pages containing the Embeddable Player. www.landmarcfilms.com reserves the right to discontinue any aspect of the www.landmarcfilms.com Website at any time.
g. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the www.landmarcfilms.com services. www.landmarcfilms.com reserves the right to investigate and take appropriate legal action against anyone who, in www.landmarcfilms.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the www.landmarcfilms.com Website and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of www.landmarcfilms.com:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another user;
iii. exploits people in a sexual or violent manner;
iv. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
v. solicits personal information from anyone under 18;
vi. provides any telephone numbers, addresses, last names, URLs or email addresses;
vii. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
viii. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
ix. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;”phishing”
x. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
xi. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
xii. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
xiii. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
xiv. includes a photograph of another person that you have posted without that person’s consent; or
xv. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
xvi. criminal or tortures activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
xvii. advertising to, or solicitation of, any Member to buy or sell any products or services through the www.landmarcfilms.com services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the www.landmarcfilms.com Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, www.landmarcfilms.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which www.landmarcfilms.com deems appropriate in its sole discretion. If you breach any provisions of these Terms of Use and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the www.landmarcfilms.com Website, you acknowledge that you will have caused substantial harm to www.landmarcfilms.com, but that the amount of such harm would be extremely difficult to ascertain.
xviii. covering or obscuring the banner advertisements on your personal profile page, or any www.landmarcfilms.com page via HTML/CSS or any other means;
xix. any automated use of the system, such as using scripts to add friends or send comments or messages;
xx. interfering with, disrupting, or creating an undue burden on the www.landmarcfilms.com Website or the networks or services connected to www.landmarcfilms.com;
xxi. attempting to impersonate another Member or person;
xxii. for band profiles, copying your www.landmarcfilms.com code and embedding it into other profiles or asking other Members to embed it into their profiles;
xxiii. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
xxiv. selling or otherwise transferring your profile;
xxv. using any information obtained from the www.landmarcfilms.com Website in order to harass, abuse, or harm another person;
xxvi. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the www.landmarcfilms.com Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
xxvii. using the www.landmarcfilms.com Website in a manner inconsistent with any and all applicable laws and regulations.
h. You are solely responsible for your interactions with other www.landmarcfilms.com Members. www.landmarcfilms.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
i. Use of the www.landmarcfilms.com Website is also governed by our privacy policy, which is incorporated into these Terms of Use by this reference.